United States District Court, S.D. Illinois
October 5, 2005.
SHAWN WATSON, d/b/a Watson Funeral Home, Plaintiff,
DON POORE, and JON POORE, d/b/a Colonial Terrace Funeral Home, Defendants.
The opinion of the court was delivered by: CLIFFORD PROUD, Magistrate Judge
Before the Court is Defendants' Motion to Compel Discovery
Responses and for Sanctions. (Doc. 14). Plaintiff has filed a
response. (Doc. 17).
Defendants seek an order compelling plaintiff to respond to
their discovery requests, which were served on August 15, 2005.
In his response, plaintiff states that he mailed the responses to
the discovery requests on the day that the motion to compel was
Defendants ask for the imposition of sanctions, including their
attorneys fees and costs incurred in bringing this motion. In his
response, plaintiff's counsel states that he left a message for
Defendants' counsel asking for an extension of time on September
15, 2005. Defendants' counsel notified him by letter a week later
that he did not agree to an extension.
Under the circumstances, the Court does not believe that
sanctions are warranted. However, all parties are reminded that
SDIL-LR 26.1(d) mandates "cooperative discovery arrangements in
the interest of reducing delay and expense." The deadline for
completion of discovery is March 1, 2006, and the Court fully
expects that the parties will meet that deadline. Upon consideration and for good cause shown, Defendants' Motion
to Compel Discovery Responses and for Sanctions (Doc. 14) is
DENIED as moot.
IT IS SO ORDERED.
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